The Selling of Chametz

by HaRav Eliezer Melamed

Rosh HaYeshiva, Har Bracha

The sale of chametz began due to the distress of whiskey merchants in Europe * After the rabbis established the sale of chametz for merchants, the custom expanded to the general public * Today, the sale of chametz is essential for the marketplace, and for the food industry * Despite the claims that this is a fiction, the vast majority of poskim rule that the sale is valid * In principle, every individual may sell all chametz, but ideally, it is recommended to use the sale only for doubtful products, or to prevent a significant financial loss * Since it is possible to sell chametz in situations of uncertainty, many halakhic questions can be avoided * According to halakha, chametz that was sold is permitted to be eaten after Pesach

The Roots of the Sale of Chametz

By midday of the fourteenth of Nisan, every Jew must have disposed of the chametz in his possession. In the past, Jews would plan their food purchases and their meals so that by Pesach they would have finished consuming any chametz foods and thus not have to dispose of large quantities. They would leave only a small amount of chametz with which to fulfill the mitzva of bi’ur chametz in the best possible manner: by burning it.

However, occasionally one’s plan would backfire and he would find himself possessing a large quantity of chametz when Pesach arrived. In such a case, if he did not mind losing the chametz, he could burn it or give it as a gift to a decent and deserving gentile. If he did not want to lose the value of his chametz, he could sell it to a gentile before Pesach, since, as long as the prohibition has not gone into effect, it is permissible to sell the chametz and receive its full value. The prohibition against deriving benefit from chametz goes into effect on the sixth hour on the day of the fourteenth of Nisan, and until that time it is permissible to sell the chametz.

This was especially important for food merchants who would remain with large stocks of chametz before Pesach and had no choice but to sell to a gentile, in order to avoid great financial loss. Even if a gentile could not be found who was sincerely interested in buying all of the chametz, our Sages teach that it is permissible for a Jew to say to a gentile, “Even though you do not need so much chametz, buy all of my chametz for the full price, and if you want, I will buy it back from you after Pesach” (based on Tosefta Pesachim 2:7).

The Problem of Whiskey Merchants

About 400 years ago, many Jews living in Europe began to support themselves through the production and sale of whiskey. This was because the barons, the landowners, would often contract Jews to manage their affairs, and it was common for them to lease their distilleries and inns to Jews in exchange for a fixed price and/or a percentage of sales. This whiskey, which was made from barley and wheat, is considered chametz gamur (absolute chametz, in which the leavening process has been completed). To prevent the great financial loss that would come each year with its disposal before Pesach, it became necessary to sell it to a gentile before Pesach and buy it back again immediately thereafter, in order to continue selling the whiskey as usual.

How the Practice of Selling Chametz Spread

Over time, rabbinic leaders noticed that the sale was sometimes carried out improperly, leading to serious problems. If the sale is improper, the chametz remains in the possession of the Jew, and with every hour that passes he violates bal yera’eh (the prohibition against chametz being seen in one’s possession on Pesach) and bal yimatzei (the prohibition against chametz being found in one’s possession on Pesach). Additionally, it is forbidden to derive benefit from such chametz after Pesach, and it must all be completely destroyed. Therefore, rabbinic authorities began to oversee the sale of chametz, in order to ensure its proper sale. Seeing that the sale was being carried out in an orderly manner, other Jews began to participate in the transaction, in order to save their own chametz from being lost. This is how mekhirat chametz began to spread and become increasingly common.

The Sale is Essential for Manufacturers and Dealers
In recent generations, new storage methods have been introduced that allow us to preserve food products for long periods of time. As a result, food manufacturers and dealers are in constant possession of large inventories of food, and they need to sell their chametz before Pesach in order not to lose the value of their stock. Moreover, if food manufacturers were to make a point of exhausting their entire inventory before Pesach, it would take days and even weeks to restock and market their products, and in the meantime, they would lose business. Even if no competitors were to seize the opportunity, it would cause a great inconvenience to buyers, who would be unable to purchase chametz foods during the weeks after Pesach. Therefore, factory owners, food chains, and stores sell all of their chametz to a gentile before Pesach, and as soon as Pesach passes, they buy it back again and remarket it.

Claims against the Sale

However, about four hundred years ago, some of the Gedolei Yisrael, foremost the author of ‘Tavu’ot Shor‘, who himself was a whiskey maker, claimed that mekhirat chametz was not a real sale, but merely a fiction. In the first place, it is clear that after Pesach the chametz will return to the Jew. Moreover, no sales tax is paid to the government on this sale. Thirdly, in a normal sale the buyer pays for all of the chametz and physically takes it into his possession, but here the gentile neither pays the full price, nor takes the chametz with him. In addition to the principle claim that this is not a sale but a fiction, they also argued about the manner in which the sale was actually performed, such as the acquisition was not performed according to halakha, or that it was done with a gentile who did not understand its legal ramifications.

In practice, some poskim wrote that only in extreme situations, in order to prevent a significant loss, it is permissible to rely on the sale. Some even instructed not to rely on it at all (Gaon from Vilna).

The Rabbis’ Consent to Rely on the Sale

Nevertheless, the opinion of the vast majority of poskim is that mekhirat chametz may be relied upon and is as valid as any sale. By law, the gentile can refuse to sell the chametz back to the Jew after Pesach, consequently, it is a bona fide sale, not a fiction. Nevertheless, in order to avoid even the appearance of a fiction, the rabbis made a practice of being very meticulous about all details of the sale. Since there are different halakhic opinions regarding the proper mode of purchase when a gentile buys from a Jew, the rabbis are careful to execute the sale using all forms of acquisition, so that it is clear that the sale is effective according to all opinions. In addition, they make sure that the sale is effective according to state laws as well (see MB 448:17, 19, and BHL ad loc.).

Every Jew, before selling chametz, should read the authorization contract he will be signing, so that he understands that he is empowering the rabbi to sell his chametz, and that the sale is absolute. Nonetheless, if instead of reading the contract one simply relied on the rabbi, the sale is valid, for, if the gentile comes during Pesach to take the chametz, and the rabbi tells the Jew that the chametz indeed belongs to the gentile and that he must give it to him, the Jew will do so.

A Proposal to Strengthen the Matter

It would be fitting for the Chief Rabbinate, together with the television networks, to randomly select ten people each year who sold their chametz to a gentile, and film the gentile knocking on the door of the Jew’s house when coming to pick up the chametz he had bought, and the response of the members of the household. If there was an argument, the rabbi who mediated the sale would be brought in. They would then estimate the extremely low price the gentile must pay as determined in the sale, seeing as the sale is done at floor prices – as normal for products already found in one’s home – and conclude the story with the gentile eating some of the food and taking the rest home. Thus, on each day of Chol Ha’Moed, two visits would be arranged. By doing so, the understanding that the sale is indeed valid would be strengthened.

Is the Sale Intended for an Individual?

In principle, anyone may sell his chametz to a gentile via the mekhirat chametz organized by his local rabbis. He may do so even if he only wishes to sell a small amount of chametz – for example, a package of pasta – because once it has been sold, the Jew no longer violates the prohibitions relating to chametz.

Some are stringent and prefer not to rely on mekhirat chametz since it appears fictitious: the chametz remains in the Jew’s house, the gentile will almost certainly not come to take it, and the Jew resumes eating the very same chametz as soon as Pesach is over. According to these poskim, it is only possible to sell chametz in order to prevent a great loss; concerning a small loss, one should not sell his chametz, in order to avoid possible transgression.

A Recommendation for All – Sell Uncertain Products

Nowadays, all are advised to participate in mekhirat chametz, because some food products and flavored medicines may contain small amounts of chametz, and they should not be destroyed just because of this possibility. On the other hand, these must not be kept because they may actually contain chametz. Therefore, to avoid all doubt, the best thing to do is to sell them. Similarly, there are those who maintain that one who has money invested directly or indirectly in stock of companies that produce chametz must sell these shares before Pesach. Consequently, all chametz sale documents include clauses regarding stocks and shares in these types of companies.

Concerning chametz gamur, people are advised not to sell insignificant amounts of chametz, so as not to use the mekhirat chametz for small needs. However, when a significant loss is involved, it is permitted, even le-khatchila, to sell the chametz.

Not to be Meticulous about Questions Concerning Uncertain Chametz

There are people who, because of their concern about the opinion of the stringent poskim who claim the sale is a fiction, wish to avoid it as much as possible. As a result, they often bother rabbis with various questions: first, about all the products in their home that do not have kashrut for Pesach – are they considered actual chametz or uncertain chametz, and whether they should be sold or not. Second, after they realize they contain uncertain chametz, whether their value justifies relying on the sale.

However, there is no point in bothering rabbis with such questions, for today, the sale is designed to resolve them. In other words, any uncertain product should be included in the sale.

When is it Permissible to Use Chametz after Pesach?

After Pesach, it is best not to use the chametz that was sold until one can assume that the Chief Rabbinate has bought it all back for all. When necessary, though, one may take out some chametz immediately after Pesach with a willingness to pay the gentile for it, were he to request this. It is best that the beit din make an explicit condition with the gentile that the Jew will be obligated to pay for any sold chametz he takes, if the gentile so desires. Thus, there will be no question about the Jew taking chametz immediately after Pesach.

Chametz That Was Sold – The Stringent Poskim, and the Halakha

Some people are strict and do not eat chametz that was sold because, according to stringent poskim, such a sale is not legitimate and this chametz has the status of chametz she-avar alav ha-Pesach (chametz that belonged to a Jew during the holiday), which one may neither eat nor derive benefit from.

In practice, however, one need not be concerned about complying with this stringency, because the prohibition of chametz she-avar alav ha-Pesach is rabbinic, and whenever there is uncertainty about a rabbinic law, halakha follows the lenient opinion. This is all the more true where only a small number of poskim are strict, while the overwhelming majority permit. Indeed, there were eminent rabbis who, after Pesach, would make a point of eating chametz that had been sold through mekhirat chametz, in order to demonstrate that the sale was done in keeping with halakha.

Rav Kook's Ein Ayah: Hallel and Nirtza

(condensed from Olat Re’iya, Rav Kook’s Commentary on the Haggada)

Hallel: When the state of life follows a straight path and all stay on the beaten path, then matters are set so that especially enlightening times will enable great spiritual elevation. This is a time at which one can go beyond the framework of normal life, to praise the Name of Hashem with a special power of an abnormally uplifted spirit.

However, exceptional uplifting of the soul should not accompany man on a regular basis. This is because the proper balance between the physical and the spiritual is the most precious blessing of peace that man has. For this reason, one who reads the psalms of Hallel every day is considered a blasphemer (Shabbat 118b).

It is unpleasant to note that recognizing Hashem naturally takes a person out of his spiritual comfort zone, which is not good even if it is with the intention to raise himself above the standard of spirituality in his life. Staying indefinitely in a situation of abnormality, even if it is in a good situation, will turn into a nuisance and even a type of sickly situation, which creates an opposite effect to that which is created when there is proper elevation of the soul.

In contrast, when elevation comes from time to time, after one properly lived his normal life in sanctity, as even normal life is by nature pure, then it is inestimably beautiful when one sings special songs of praise. It enlightens one’s life beyond the moment of the praise and serves as a pillar of light that gives off a special aura even after the moment is over. This impression lasts until the time comes for a new impression that elevates the spirit, one which complements the indulging and restfulness of the special time. Then one will enjoy his contact with Hashem, through thanks and songs of praise.

Nirtza­ (having the Seder accepted in good will): The accumulation of matters that make an impression – the general and the specific, the natural and the intellectual, the critical and those that relate to broader matters – has a pleasant and holy effect on the nation and all its constituents. It sets a desirable nature, in which one does not require further steps to strengthen himself. Rather, it already becomes part of one’s gentle nature so that all of his senses and strength go in the direction of the loftiest goal. Then, the recognition of the actions of the Creator of all, Who stands behind Israel, brings one to the point that he does not only choose to follow the way of Hashem. Rather, he is actually nirtza– he acts in the desired manner without having to put inordinate effort into it.

One should understand the depth of the character of the soul of a Jew, and understand how the Torah leads those who follow it in the most complete manner, so that his soul is the result of the universal and individual natural spirit. The nature of the soul is to desire to be free to be tied and connected to the tendencies of universal inclinations. It strives to be exposed to the divine light and Hashem’s goodness to His nation and all that He created in His mercy for goodness and blessing. This is the goal of freedom, which is an eternal pillar, based on Hashem’s promise that lasts forever. The fruit of Hashem’s connection to His nation is that He desires it and adorns its righteous people with His salvation.

Netanyahu wants to kill the two-state solution. Good!

by Victor Rosenthal

PM Netanyahu’s pre-election promise to extend Israeli sovereignty to settlements in Judea and Samaria created great consternation among American Jews. The Reform and Conservative movements and several satellite organizations were so upset that they sent a letter to President Trump urging him to oppose the annexation of any territory in Judea and Samaria (which they, following Jordanian usage, refer to as “the West Bank”). The letter argues that such actions could “destroy any chance of a negotiated two-state solution” (the expression “two-state solution” appears five times in a one-page letter).

Although many headlines refer to Netanyahu’s intention to “annex the West Bank,” his promise referred only to Jewish settlements. But two-staters see this as a threat against the whole two-state enterprise. They fear that applying sovereignty to the settlements will make it impossible to dismantle them. And if the settlements cannot be removed, then their stubborn presence will prevent the establishment of a sovereign and contiguous Palestinian state. Only such a state, they think, can avoid the “insoluble” dilemma that Israel must ultimately either make citizens of all the Arab residents of the territories and give up its Jewish majority, or annex them without making the residents citizens, and give up democracy.

But there is almost nothing more dangerous (except perhaps an Iranian atomic bomb) to the survival of Israel than a sovereign and contiguous Arab state in Judea and Samaria.

The reason is simple: a Palestinian state would be hostile to the Jewish state, and it would be strategically located on high ground next to the center of the country where it could do huge damage almost at will, with simple and cheap weapons like those used by Hamas in Gaza. It could invite armies from other hostile states into its territory. As a sovereign state – like Lebanon, for example – it could support terrorism against Israel, while any attempt by Israel to counter it could be characterized as aggression.

Those who predict the future by wishing for a particular outcome say that a Palestinian state need not be hostile. But those whose predictions are based on past behavior, on analysis of the statements, character, and ideology of Palestinian leaders, and by observation of their current actions – that is to say, on reality – understand that it is certain that the state would be a violent, belligerent enemy. Here are just a few reasons:
The Gaza precedent. Even before the Hamas takeover, Gazans fired rockets at Israeli communities across the border, and launched terrorist attacks. The Hamas takeover opened the floodgates of terrorism, with massive rocket barrages, tunneling, and so on. In Judea/Samaria, even if the PLO were interested in peace, it could easily be overthrown by a more-militant group like Hamas – or worse.
PLO ideology. Despite strenuous lobbying by President Bill Clinton, the PLO never actually eliminated those parts of its charter calling for violent “resistance” to Israel. The Palestinian Authority media and its educational system have never stopped claiming that all of Israel is in fact “Palestine,” was stolen from the Arabs, and will be returned to them by means of violent “resistance.” PA media consistently praises terrorists and incites Palestinians to murder.
Palestinian authority policies. Despite Israel and the US acting to cut off funds that are used to pay terrorists and their families, the PA has continued to pay them – even when it means that funds for medical care for ordinary Palestinians will be cut.

I could go on, but why bother? Since there is no way to ensure that a deal made with a Palestinian partner today would be operative tomorrow – or that that partner would still be in power tomorrow – the exercise is academic anyway. The only way to prevent the creation of a belligerent Palestinian state is to prevent the creation of a sovereign state at all.

It’s doubtful that such a state could survive on its own anyway. “Palestine” would be a tiny state, much smaller than Israel, and – if the economies of the PA and Gaza are any guide, not viable. Palestinians will tell you that their economies are hobbled by “occupation,” but the fact is that the PA and Gaza receive help in various forms from Israel and have fewer expenses than they would as a sovereign state. Their economies are wracked by corruption, addiction to handouts, and – in the case of Gaza – the diversion of resources into making war against Israel.

But what about the “insoluble dilemma” that would prevent Israel from being both Jewish and democratic if there were no Palestinian state? In fact, there are several solutions. One of them is to create an autonomous Palestinian entity that would allow for economic development and allow the Palestinians to rule themselves with no interference from Israel – insofar as they refrain from terrorism against the nearby Jewish state. It needn’t be contiguous, and probably it’s better that it not be.

Control of borders and airspace must remain with Israel, and the Palestinian entity must be demilitarized, in order to prevent it from becoming a threat to Israel. In that respect, it would be less than a sovereign state. There would be complications: it is not as easy as simply annexing Area C. But there is no other alternative that allows for a peaceful Palestinian entity alongside Israel.

The Palestinians would not accept this at first and would continue their diplomatic and kinetic warfare against Israel. But they would do so anyway; and it would be easier for Israel to protect herself against them than if they had a completely sovereign state.

At this point, the objection may be made that such an arrangement would be unjust.Shouldn’t the Palestinian people have a sovereign state, too, like the Jewish people? Don’t they, in the words of Barack Obama, deserve a state?

In a word, no.

The Palestinian Arabs didn’t even self-identify as a distinct people until the 1960s, when the PLO was formed as a joint project of the Egyptians and the Soviets as a tool to attack Israel. Suddenly the Palestinians, who had disparate origins in the Middle East – most families have only been in the land we call Eretz Yisrael since the late 19th or early 20th centuries – became a “people” with a “national liberation movement.” Suddenly the Jewish people, who had good historical and archaeological evidence for their claim to be the aboriginal inhabitants of the land, became “European colonialists,” while the Palestinians made scientifically ludicrous claims to be descended variously from Canaanites or Philistines. From the beginning, the only specifically “Palestinian” aspect of their culture has been their opposition to Jewish sovereignty in Eretz Yisrael.

Their demands have always been maximal, and they have rejected numerous compromises, usually violently. The Arab response to the 1947 UN partition resolution was war, and Arafat’s answer to the Camp David summit was the Second Intifada. Since before the founding of the State of Israel, Palestinian Arabs have expressed their frustration with the Jewish presence, and now sovereignty, by murdering Jews. Although they were not the first to use them, they popularized airplane hijacking and suicide bombing. Palestinians didn’t perpetrate 9/11, but they were its spiritual father. Today they have created an even more inhuman weapon, a generation of children raised to believe that nothing is more praiseworthy than slaughtering a random Jew in the street.

Most Israelis understand all this quite well, and that is why – despite their myriad problems with him – they have democratically chosen Binyamin Netanyahu to be PM yet again. Security has always been the political issue that overrides all others, and they are convinced (one hopes correctly) that Netanyahu will stand up to the pressure coming from antisemitic Europe and uninformed America – including liberal Jews – and will not make another disastrous mistake like the Oslo Accords.

The American Reform and Conservative movements love the idea of democracy, and talk about it all the time. They would do well to get used to the idea that the results of the democratic process may not always be to their liking.

My Last Day in Galut and my Arrival in Israel

BS”D 

Pesach 5779
by HaRav Nachman Kahana

Approximately three thousand five hundred years ago, seventy direct descendants of Avraham, Yitzchak and Ya’akov left Eretz Yisrael for the exile of Egypt as individuals within a family. Two hundred and ten years later their descendants left Egypt numbering in the millions to return home as a nation. Two thousand years ago we as a nation were exiled from our land to eventually return home as individuals from 100 different lands to merge, coalesce and regroup into the great nation that we are today, as each and every oleh brings with him the richness of their worldly experiences.

The following is an excerpt from my forthcoming autobiography (be’ezrat HaShem) depicting my last day in galut and arrival in the holy land.

Feiga and I were greeted at Idlewild airport (today’s JFK) by our many relatives and friends. I recall looking around and wondering, how many of them believe that we will return to America after facing the realities of life in a country beset with economic hardship and security dangers; while I believed how unfortunate they are for not wanting to face the challenges of rebuilding our ancient homeland.

The public address system announced that all passengers on the EL AL flight to Israel should now embark on the plane. After last minute kisses and hugs we descended into the warm June evening air to enter into the cavernous jaws of the winged “eagle” that will bring us home.

The spirit of Israel pervaded the plane. Israeli music was playing and the crew, and most of the passengers, were speaking Hebrew. The fact that I was able to understand and converse with them brought home to me the new reality of our lives. The moment of truth arrived. The plane rolled away from the boarding area. We saw our family and friends waving from the visitor’s deck, as the plane began to taxi down the runway to prepare for takeoff.

Shemot 19,4:

ואשא אתכם על כנפי נשרים

“And I shall carry you upon the wings of eagles.”
“How ironic”, I thought, “that that which was prohibited for the great Moshe Rabbeinu, who for all his suffering wanted nothing more than to enter the Holy Land – is now so readily granted to us”.

In addition to the requirement that we follow the Torah, every Jew has unique goals in this world which only he or she can fulfill. One of my goals, I believed, was to bring my family back to its roots in Eretz Yisrael. The first steps were taken that night; the final one would be taken ten years later, when my parents, Feige’s parents, and Meir and his family came on aliya. Feige and I crossed the bridge but when the rest of the family came, the bridge was burnt.

After a stopover in France and Italy, the plane took off for its final destination – Eretz Yisrael. As we flew over Cyprus, I recalled the opinion of Rabbi Yehuda (Tractate Gitiin 8a) that the western border of the Holy Land extends far over the Mediterranean Ocean. Thus, we are now essentially over the Holy Land. A thin line of land became visible to the east. As it loomed larger, the city of Tel Aviv appeared. It was very much smaller than today and surrounded by intermittent patches of green fields and yellow sand dunes. The plane descended and made a turn to put it on line with the runway.

Those first few moments will never fade from my memory. The plane touched down. The doors opened and the first gusts of avira de’eretz yisrael (the air of Israel – which grants one understanding) filled my lungs. We descended the stairs and were greeted by an Israeli policeman; a real live Jew in a handsome uniform greeting us in our ancient revived language – the language of the holy Torah.

We knelt down to kiss the dust about which the great Yehuda HaLevi wrote in his classic poem

ציון הלא תשאלי:

‘אפל לאפי עלי ארצך וארצה אבניך למאד ואחונן את עפריך’

“I shall fall prostrate on your land and shall greatly desire your stones and shall love your dust’.

We took our first four steps in the land of Israel, the reward for which is a portion in the World-to-Come.

The airport consisted of a modest building with a tower. The arrival hall was a small room with a long wooden table resting on removable legs, with a ceiling fan which made more noise than air. I felt insulted that the customs official was inspecting my bags for smuggled goods – as if I, Nachman Kahana, would do something against the law of my newly-adopted land.

Waiting for us was my aunt Shoshana, her son Ya’ir and a representative of yeshivat Nechalim where I was scheduled to teach. We arrived at my aunt’s home in Ramat Gan, where we ate our first meal in Eretz Yisrael. I never realized that a tomato could taste so good, that a modest cucumber could be as appealing as a frankfurter with mustard and sauerkraut, and that a glass of water could be as delightful as fine champagne. It was like eating the manna in the desert, where one’s thoughts influenced the taste of what was being eaten.

Early the next morning, I went into the street and met a man who I asked in Ivrit “where is there a bet knesset?” He answered with directions which I understood. I arrived at the central bet knesset of Ramat Gan where I took my place with the other kohanim in reciting the Kohanic blessing. Though I was used to reciting it only on holidays, however, this was truly a holiday.

That morning, we went to Tel Aviv where I learned my first and most fundamental lesson in absorption. We went to the main branch of Bank Le’umi to open an account. In America, banks are conservative institutions where the clerks and clients are expected to act with great reservation and speak no louder than a whisper. Despite the June heat, I was wearing a suit and tie as I was accustomed to dress in America. I approached one of the clerks who was wearing short pants and an open shirt. He began filling out the necessary forms while holding in one hand a tomato sandwich which was dripping on the form. I thanked him for his help, which went further than he could have ever imagined. I removed my jacket, took off my tie, rolled up my sleeves, and exited the bank a different man than when I had entered.

On the second day after our arrival in Eretz Yisrael, we went up to Yerushalayim. I was drinking in the rapidly changing landscape, from coastal plain to agricultural areas, from the beginning of the Judean foothills, to the rapid climb on the Judean mountains from sea level to 800 meters. We were traveling in a shayrut (taxi service) in a stretch Desoto limousine the likes of which I had never seen before. My inquisitiveness got the better of my manners, and I asked the driver how he obtained such a magnificent car? He replied, “I enrolled my two sons in a missionary school in Jaffa and they helped me purchase the vehicle”.

I was overtaken by a mixed sense of disbelief and disgust. Here I was sitting in a car purchased by the sale of two innocent Jewish souls, by a father whose greed had made him sell his own soul to the devil, and here in Eretz Yisrael.

After arriving in the holy city and walking around for several hours, we entered an imposing building called “Heichal Shlomo”, on King George Street (Israel is the last former colony of the British Empire to retain a major street so named). At that time the building housed the Israel Chief Rabbinate, and the appellate division of the religious courts. We entered the court, where an elderly couple were noisily taking their turn in mutual accusations. They were the surviving son and daughter of their deceased mother and were arguing over the estate. The daughter accused her brother of never really loving ‘mama’, but was only after her money, and the brother retorted with similar barrages of sibling niceties.

Here too, I was gripped with a feeling of great disappointment.

Little did I know that G-d and His hashgacha prateet (divine providence) was “setting us up” for a great lesson.

We left Heichal Shlomo and found ourselves standing in front of a lovely white building on Betzalel street – the municipal community center of the area (Beit Ha’am). The door was closed, but I knocked anyway. The custodian appeared and was seemingly annoyed because his siesta between the hours of 2:00 and 4:00 P.M. was disturbed. To his question of what we wanted, I replied that we are olim chadashim (new immigrants) who had arrived just two days ago. In a more affable tone of voice, he ushered us inside and said that he has something very interesting to show.

We ascended three flights of stairs and arrived in a very large hall with rooms off to the side, at the end of the hall was a barred area that contained a perfectly made bed military style, a night-table upon which rested a book and a book mark, with a pair of neatly placed slippers and several other items. What made the entire scene look like a Kafkafian apparition was the fact that this small chamber was enclosed with bars. At that moment I heard the words, “You are standing before the cell of Adolph Eichmann.”

Eichmann, who organized the transports of millions of Jews from all parts of Europe to the various extermination camps, escaped to Argentina and was brought to Israel by the Mosad where he was put on trial and sentenced to be hung for crimes against humanity and against the Jewish people. The film of the court proceedings of that day were flown to the States, and we would be “frozen” to the television every evening to relive the unprecedented tragedy which befell our nation at the hands of this man Eichmann and too many like him. He was hung one week before we came to Eretz Yisrael; his body was incinerated and the ashes thrown into the wind over the ocean, and here was I standing before the cell which housed the “master butcher” of my people.

At that moment I felt the hand of hasgacha prateet. The message was loud and clear: there were and will always be individuals like the taxi driver and the brother and sister whose arrogance and greed pervert their conduct. But the collective entity of a Jewish state in Eretz Yisrael stands higher than the human frailties of its individuals. Only such an entity, which consists of a Jewish army and covert organizations such as the Mosad, with courts of law and a national conscious, is capable of actions on the highest national level.

It is our religious duty to become part of that collective and imbue it with the spirit of Torah, so that its actions will be a kiddush HaShem on a global level, which indeed is in our hands if enough G-d fearing Jews come home.

Among the things which I remember when standing before Eichmann’s cell, one stands out and affects me to this day – the book. There was a book on the table and within its pages stood out a bookmark. When he was taken to be hung, this “master” of order and discipline returned the bookmark to its place, because to do otherwise would not be “correct”.

He was hung in Ramle prison. His ashes were thrown into the ocean, as the Gemara relates (chapter 5 of Gittin) regarding the ashes of Titus, the Roman general who destroyed the Holy Temple. Titus ordered his body to be burned and the ashes thrown into the ocean, so that the Jewish G-d will not be able to inflict punishment upon him. The Gemara relates that daily G-d retrieves the ashes, inflicts punishment upon the body and returns it to ashes until the following day.

From here we continued up Jaffa Road, in an easterly direction towards the Central Post Office. About one hundred meters after the post office, a high wall blocked any advance. This was the wall that the Jordanians erected in order to divide the holy city into two – the eastern part which included the Old City and the western part called the “New City”. This wall stood for the first nineteen years of the State of Israel, and it was not rare for a Jordanian soldier to shoot at random at a passing Jew. At that time there were only two cities in the world divided by a wall, which were eventually torn down – Jerusalem and Berlin. The destruction of the Berlin wall resulted in uniting east and west, when the Jerusalem wall came down after the Six-day war, heaven and earth became united.

From there we made our way to Mount Zion, where we climbed a high minaret from which one could look into the Old City. I was thinking to myself that maybe my grandchildren or great grandchildren will have the opportunity to stand before the Temple Mount. It did not enter my thoughts that in just five years, I will have the monumental privilege of being able to stand on the mountain where my Kohanic ancestors served G-d in the Holy Temple.

I am writing this 57 years later, who could have believed!? We are so thankful to HaShem for all He has blessed us, including children, grandchildren and great grandchildren, all of whom are here in Eretz Yisrael, and for all the miracles He has shown us to this very day.

The holiday of freedom – Pessach – appears in two forms. There is the Pessach of the Jewish nation when we are freed from foreign domination, and Pessach of the individual Jew who is freed from state of galut.

The exodus from Egypt was the national Pessach, but every Jew who escapes the punitive state of galut to return home experiences his personal holiday of Pessach.

Chag Pessach kasher vesamayach.
Nachman Kahana

Rav Kook on Pesach: The Strong Hand and the Outstretched Arm

“Remember... the strong hand and the outstretched arm with which the Eternal your God brought you out [of Egypt].” (Deut. 7:18-19)

We are familiar with this phrase from the Haggadah, read every year on Passover. But what exactly do the “strong hand” and “outstretched arm” refer to?

Strong Hand - Dramatic Transformation

If the objective of the Exodus had been only to liberate the Israelites and raise them to the level of other free nations of the world, then no special Divine intervention would have been necessary. By the usual laws of nature and history, the Jewish people would have gradually progressed to a level of culture and morality prevalent among nations.

However, God wanted the newly freed slaves to swiftly attain a high moral and spiritual plane. In order to prepare them for their unique destiny, they required God’s “strong hand.” This metaphor implies a forceful intervention that neutralized the natural forces of the universe. God’s ’strong hand’ dramatically raised the Jewish people from the depths of defilement and degradation in Egypt to the spiritual heights of Sinai.

We commemorate this sudden elevation of the people, the ’strong hand,’ by eating the rapidly-baked matzah. This rationale for eating matzah is stated explicitly in the Haggadah:

“Because there was not time for the dough of our fathers to leaven before the King of all kings, the Holy One, revealed Himself to them and redeemed them.”




Outstretched Arm - Toward the Future

The “outstretched arm,” on the other hand, implies an unrealized potential, a work in progress. The Hebrew word for “arm” is zero'a, from the root zera (seed), indicating future growth. Even today, the ultimate goal of the Exodus has still not been fully achieved. The process of perfecting and redeeming the Jewish people is one of gradual progression.

If matzah commemorates the sudden redemptive quality of God’s “strong hand,” which Passover mitzvah symbolizes the “outstretched arm”? That would be the maror, the bitter herbs. The maror reminds us of the bitterness of slavery. The very fact that we felt this bitterness is an indication that servitude contradicts our true essence. By virtue of our inner nature, we will slowly but surely realize our true potential.

While the “strong hand” gave the initial push, it is through the “outstretched arm” that we steadily advance toward our final goal. This gradual progress is accomplished through the mitzvot, which refine and elevate us. It is for this reason that all mitzvot are fundamentally connected to the redemption from Egypt.

Hamas's Honesty and the Deal of the Century

by Khaled Abu Toameh

• Hamas leader Yahya Sinwar's threats serve as a reminder that Hamas and other Palestinian terror group consider Israel one big settlement that needs to be annihilated. Above all, Hamas has never accepted the "two-state solution" or changed its charter, which explicitly states: "When our enemies usurp some Islamic lands, Jihad [holy war] becomes a duty binding on all Muslims.... We must spread the spirit of Jihad among the [Islamic] Umma, clash with the enemies and join the ranks of the Jihad fighters."
• Hamas cannot reach any political deal with Israel because it does not agree to Israel's right to exist. This is the message that Sinwar and leaders of all Palestinian terror groups want the world to hear. For the terrorist leaders, the only peace they will accept is one that results in the elimination of Israel and the evacuation of all Jews from their homes.
• The Hamas Charter is a straightforward, unambiguous message that says: "[Peace] initiatives, the so-called peaceful solutions, and the international conferences to resolve the Palestinian problem are all contrary to the beliefs of the Islamic Resistance Movement [Hamas]....There is no solution to the Palestinian problem expect by Jihad.
• Palestinian Authority President Mahmoud Abbas has undoubtedly read the Hamas charter. He knows that if he accepts any peace plan that does not include the expulsion of all Jews from their homes, he will be denounced by his rivals in Hamas as a traitor. Abbas is also aware of Hamas's threats to shower Israel with rockets. He knows that at the same time as Hamas attacks Israel, it will seek to flatten him for "betraying" Arabs and Muslims in "allowing" Jews to continue living in "their" state. This is the Palestinian reality that the "Deal of the Century" is about to be dealt.

April 15 marked the 18th anniversary of the firing of the first Hamas rocket toward Israel. Pictured: Armed Hamas militiamen on parade with a vehicle-mounted rocket launcher in Gaza, in August 2016. (Image source: PressTV video screenshot)

April 15 marked the 18th anniversary of the firing of the first Hamas rocket toward Israel. On this day, 18 years ago, Hamas's military wing, Izaddin al-Qassam, launched its first rocket attack at Israeli population centers near their border with the Gaza Strip.

On the eve of this occasion, Yahya Sinwar, the Hamas leader of the Gaza Strip, threatened that his movement will continue to fire rockets at Israel. The rockets, he said, will be fired at Israeli "settlements" not only near the border with the Gaza Strip, but also at supposed "settlements" in the Israeli cities of Ashkelon, Ashdod and Tel Aviv.

Sinwar said that the recent Egyptian-sponsored ceasefire understandings between Hamas and Israel are not a peace agreement. The understandings, he explained, do not require Hamas to disarm or halt, near the border with Israel, the weekly demonstrations, also known as the "Great March of Return."

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The Yishai Fleisher Show: Passover Seder Guide!

Yishai is baking matzo in Beit El! He intro's a lesson of a model Passover Seder by the preeminent Rabbi Eli Mansour. This incredible lesson was almost lost but Yishai plays it for you to prepare for the commandment of retelling the tale of the exodus at the Passover Seder. Blessings for a Kosher and happy holiday!

Rabbi Ari Kahn on Pesach: Emancipation from Mental Slavery

Why US Jewish leaders have a problem with Netanyahu

by Victor Rosenthal

Earlier this week, I wrote about the foolish and arrogant letter sent by the American Reform and Conservative movements and some of their associated organizations to President Trump, demanding that in the light of newly re-elected Israeli PM Binyamin Netanyahu’s intention to extend Israeli sovereignty to Jewish settlements in Judea and Samaria, he should act to preserve the holy “two-state solution” (2SS).

As Jonathan S. Tobin argued, Israelis democratically elected Netanyahu’s Likud party. And if you consider the breakdown between parties that favor the creation of a sovereign Palestinian state in Judea/Samaria vs. opponents of it, the election can be seen as referendum on the 2SS – a referendum that those opposed to the 2SS won by a true landslide. So the decision of American Jewish organizations to oppose the will of the great majority of Israeli citizens can be seen as contradicting the democratic right of Israeli citizens to decide their own fate, or, in Tobin’s words, “trashing the verdict of Israeli democracy.” The fact that the letter was addressed to Trump, rather than Netanyahu, shows even more strongly that they reject Israel’s pretension to self-government. The US, they think, guided by the “wisdom” of the leaders of its liberal Jewish community should force Israel to do its will. They are uncomfortable with a sovereign Jewish state, and would prefer a banana republic, with themselves calling the shots.

I find myself speculating about the political and psychological motivations for this letter. And although the writers imply that they are moved by concern for Israel’s well-being, I suspect several other impulses that are both more likely and less admirable.

The movements have satellite movements in Israel, and would like to see them recognized by the Israeli government as legitimate forms of Judaism, and receive subsidies from the Ministry of Religious Affairs, like Orthodox synagogues. They would like their rabbis to be able to perform marriages and conversions in Israel, and they would like a measure of control over religious sites. They would like a section of the Kotel to be made available for mixed-gender prayer.

As long as the Chief Rabbinate is in control of these things, and as long as it in turn is dominated by the Haredim (the so-called “ultra-Orthodox” Jews) that represent some 12% of the Jewish population of Israel, these wants will never be satisfied, no matter how many Supreme Court decisions there are in their favor. Netanyahu has been forced – as his center-left opposition also probably would have been – to include Haredi parties in his coalition, and for this reason the demands of the liberal movements remain unmet. Netanyahu has made the political calculation that Haredi support for his government is more important than the approval of Diaspora Jews that can’t vote; and they are bitter about this.

Despite misleading poll results, very few Israelis – according to Shmuel Rosner, less than one-half of one percent – are affiliated with the Israeli versions of the liberal movements. But the egos of the American leaders are bound up with their success (or lack thereof) in attracting Israelis to them. They need to believe that there are strong reasons to attend a non-Orthodox synagogue other than a lack of Jewish education. So they are trying very hard to get their movements into the Israeli mainstream to prove this, and they see Netanyahu as an obstacle.

In addition, the Israeli Left has good connections with the liberal movements in the Diaspora. They speak English and are well-represented in the media. Directly, and through media outlets like the Ha’aretz English website, they present their point of view to the Diaspora much more effectively than Netanyahu’s supporters, many of whom are working-class people who speak only Hebrew.

Finally, there is the fact that most of the members of the liberal American Jewish denominations and virtually all of their leadership are sympathetic to the progressive wing of the Democratic party. This political constellation, especially beginning with the election of Barack Obama in 2008, has become increasingly anti-Israel. Although Obama made his pro-Arab sympathies evident from the very beginning, even by 2012 some 70% of Jewish voters voted to re-elect him. In his second term, he did not disappoint, ramming the Iran deal through Congress in a process which included viciously attacking PM Netanyahu. His administration played on traditional anti-Jewish themes when it suggested that Jewish opponents of the deal were more loyal to Israel than to the US, and wanted the US to engage in war with Iran for the benefit of Israel. His final gift to Israel was US abstention on (and some say, promotion of) an anti-Israel Security Council resolution.

Nevertheless, Liberal American Jews and their religious movements have continued to embrace the progressive ideology represented by Obama, and have for the most part joined the fierce Democratic opposition to the Republican president, Donald Trump.

And this has placed them at cross-purposes with Israel, because Trump has proven himself to be the most pro-Israel American president since Harry S. Truman. Trump recognized Jerusalem as capital of Israel, reversing an obnoxious policy that held since 1948 that no part of Jerusalem – not even the ground under Israel’s Knesset – belonged to Israel. He became the first president to enforce the will of Congress to move the American Embassy to Jerusalem, after three previous presidents – Clinton, Bush, and Obama – found excuses not to do so. He removed the US from the disastrous Iran deal and re-imposed sanctions (compare this to Obama’s paying off the Iranians with pallets of cash). He cut US funding for the UNRWA Palestinian “refugee” scam, and began to enforce the Taylor Force Act, which deducts payments made to terrorists from the aid given to the Palestinian Authority. He recognized Israeli sovereignty over the Golan Heights. And – although this is not yet confirmed – it is beginning to look as though his “deal of the century” will not include a sovereign Palestinian state in Judea/Samaria.

Trump broke through Israel’s pariah status as the only nation in the world that can’t choose its own capital. He cracked the myth of the “Palestinian refugees” that must be nurtured and helped to grow like no other refugee population, and that can never be resettled anywhere but in Israel. He may yet put the final nail into the coffin of the Oslo process. These are accomplishments that a successor will find hard to reverse.

Can Netanyahu be excused for claiming that some of this is due to his “close personal relationship” with the American president? Apparently not for these “leaders,” for whom Trump is the Devil incarnate.

Trump’s actions toward Israel have all been in both US and Israel’s interests. In some cases, such as Jerusalem, they have righted long-term wrongs that should have been corrected long ago. If any other President had done these things, he would have been applauded and embraced by American Jews that cared about Israel. But this president is Donald Trump – and these American Jews have forgotten why there needs to be a Jewish state and what their connection to it is.

And so we have American Jewish leaders attacking an Israeli Prime Minister that has been democratically elected, arrogantly implying that they know what’s better for Israel than Israelis that vote, pay taxes, and send their children to the army. They have chosen to attack him on an issue – whether or not there should be a sovereign Palestinian state in Judea/Samaria – that many Israelis consider existential; and they have done so for the narrow interests of the tiny Israeli branches of their movements and because of their political bias against the American president.

My guess is that Netanyahu doesn’t care. And fortunately for Israel, Trump – who knows that these “leaders” are without a single exception his bitter political enemies – is unlikely to take their advice.

Speak of Something New

by Rabbi Dov Berl Wein

Someone remarked to me recently that he did not see or feel how anything new could be discussed at his Seder table – everything that could have been said and analyzed had been said and analyzed over all of the past decades of his commemorating Pesach. I told him that I thought he had too narrow and focused view concerning the commemoration of Pesach. The broad human and particularly Jewish issues of bondage, freedom, individual and national purpose and destiny, renew themselves in our lives on an almost daily basis. Our great young associate Rabbi, Itiel Goldvicht, had a discussion with me about the enslavement of the present younger generation to texting and to their smart phones. He pointed out to me that in spite of all bans, filters and other methods meant to free one’s self from the grip and thrall of these devices, their constant use has become almost impulsive and obsessive, certainly amongst the student generation here in Israel and I am certain that this is true regarding the student population in the rest of the current Western world as well. Slavery takes on different forms and disguises. There is a great difference between slavery and work. Slavery is a state of compulsion and obsession that stunts the creativity of the human mind and soul and leads to disenchantment, boredom and eventual physical, moral, physical and mental deterioration. One of the great attributes of the holiday of Pesach is that it allows us a new and fresh view of things. By cleaning out the chametz of our homes and souls we open ourselves up to new vistas and fresh challenges that can inspire us and deliver us to a higher level of purpose and accomplishment.

The Seder allows for a family discussion of issues, since the Haggadah itself raises almost all possible human issues – family, tradition, Torah, the land of Israel, the purpose of Jewish life and of an individual's existence, the recognition and understanding of evil and the ultimate human necessity for reliance on faith in the Creator. These issues are extremely relevant in today's world and I believe affect every family and home. For most of the year we have little time or inclination to dwell on these matters for the distractions and obligations of life are many and omnipresent. But on this night of the Seder there is time, mental capacity and psychological freedom to engage with these issues. My wife, of blessed memory, told me that when she was ten or eleven years old a great rabbi was a guest for the Pesach Seder at her home. The great rabbi talked to the the young girl, taught her melodies to sing, have her advice for life and instilled in her an appreciation for the depth and with of Jewish tradition. She often told me that that Seder experience influenced her greatly and was a defining moment in her life. She did not attend a Jewish school and was a lonely Orthodox, Sabbath observing child in the midst of a completely nonobservant Jewish group of friends and fellow public-school students. She told me that the Pesach Seder experience that year fortified her for the rest of her years in high school and college and gave her an enormous gift of self-confidence, self identity and Jewish pride. I think that that is exactly what the Pesach Seder should accomplish for all of us.

The rabbis of old enjoined us that the more we speak about the Exodus from Egypt, the more praiseworthy we become. This is in line with the further statement in the Haggadah that "in every generation one must be able to see one's own self as though one was present for and participated in the Exodus from Egypt itself." The Seder is meant to make the Exodus from Egypt relevant to everyone sitting at the Seder table, even today more than three thousand years later. It transports us back in time while in the very same rituals brings the past to bear upon our current situations and challenges. The Exodus from Egypt is an ongoing story and not merely a one time commemorating of a past event. That is the secret of the strength of the Seder experience and of its fresh new quality year in and year out. So therefore there is always something new to be said and expressed at the Seder table. And it is this constant renewal of ideas and traditions that gives Pesach its unique ability to represent true freedom and psychological, spiritual and mental liberty. Those ancient rituals provide us with the tools for dealing with the relevant and seemingly modern problems that face us. The Seder night should therefore be treasured, appreciated and loved.

From Slavery to Liberation

by HaRav Shaul Yisraeli, ZT"L

from Shirat Hageula, p. 8-9

We have always, in times of national success and of national lowliness, celebrated Pesach as the holiday of freedom, in commemoration of the exodus from Egypt. This includes times in which it did not appear that anything was left of that freedom, when the affliction was strong and our nation was drowning in baths of blood prepared by the nations of the world. Even then, celebrating behind sealed windows and drawn blinds, we still continued to teach our children how we were slaves and how Hashem extricated us with a strong and outstretched hand.

On Purim we do not recite Hallel, according to one opinion in thegemara, because we are still the servants of Achashveirosh, and thus our liberation is not complete. Why, then, do we continue to say Hallel on Pesach, even as we are servants to a host of kings and tyrants?

The answer is that the exodus from Mitzrayim (Egypt) is in essence an exodus from meitzarim (constraints). This is freedom from limitations, and an ability to escape the elements of life that hold us back spiritually. This power enables us to be spiritually free men even when physical conditions seem to preclude it. The Jew did not kiss the cross, did not relinquish his uniqueness, and did not turn his back on the concept of "You chose us." Even if this came at the price of a yellow star, restrictions on his ability to support himself, and the threat of actual annihilation, we continued in our way. While in Egypt, there was a situation of the Israelites worshipping idols as the Egyptians did, from the time of that liberation and on, our enemies were not able to break our spiritual resilience.

Therefore, the very fact that we have been willing and thus able to get together for a seder, no matter what the difficulties and the dangers, magnifies the idea of "a commemoration of the liberation from Egypt." For it was the greatness of that liberation that ensured that no tyrant would be able to end the impact of the liberation from Mitzrayim. Because of that, we are not servants in the fullest sense – not to Paroh and not to Nevuchadnetzer or the Spanish King Ferdinand, Stalin or Khrushchev. Freedom has become part of our nation’s DNA for all generations.

Just as there is national freedom, there is personal freedom. Just as there is external enslavement, there is internal enslavement, especially to our own character traits such as hatred, jealousy, desire for riches. When these overcome us, they cause us pain, sadness, and anger. These enslavements, though, are not our necessary destiny. We can overcome them and become free in a fuller way. Next year in a rebuilt Jerusalem; next year may we be free.

Tell Your Child"- the Hagada Laws"

by HaRav Eliezer Melamed
Rosh HaYeshiva, Har Bracha

1."Tell Your Child"
There is a positive mitzva to tell the story of the Exodus from Egypt on the night of the fifteenth of Nisan. The more one embellishes the telling, elucidates the great kindness God showed us by saving us from the Egyptians and avenging us upon them, interprets the signs and wonders that God performed at that time and place for our sake, delves into the laws of Pesaĥ, and gives expansive gratitude to God – the more commendable it is. The essence of the mitzva is to tell the children, as it is stated: "Tell your child on that day: ‘It is because of this that God did for me when I left Egypt’" (Shemot 13:8). Even one who is childless is commanded by the Torah to recall the Exodus on Pesaĥ night, as it states: "Remember this day on which you came out of Egypt, of the house of bondage; how, with a mighty hand, God took you out of there" (ibid. 3).

Note that two mitzvot require us to educate our children: the first is to teach them the written and oral Torah, so they understand the world properly and may live their lives according to divine guidance. Part of this mitzva is to habituate and familiarize children with the observance of mitzvot; it is impossible to teach about Shabbat or kashrut without training for their observance. The second mitzva is to tell our children about the Exodus from Egypt on the Seder night.

At first glance, this is puzzling. Is narrating the Exodus not part of the general mitzva of teaching Torah? In that case, what is different about the Seder night? The purpose of the stories told to the children on Seder night is to convey the fundamentals of faith that logically precede Torah study: they must know how the nation of Israel was formed, that God chose Israel to be His special nation, and that He gave them a special duty to receive the Torah and rectify the world. Parents, of course, do not live forever. The next generation will have to bear the torch of tradition, the great and awesome task that God intended for Israel, until the world has been fully repaired. This is the lesson of the Seder night. All of its mitzvot lead to that end.

Note that the obligation to study Torah is derived from the verse: "Teach them to your children, to speak of them" (Devarim 11:19). The Sages explain that one who must teach his son Torah must himself study Torah (Kiddushin 29b). The fundamental goal of the Torah is to positively influence others and add life to the world, not just to elevate the individual Jew. Therefore, the Torah emphasizes in this commandment the obligation to teach the children, for the essential goal of the Torah is to influence the entire people of Israel in every generation. Clearly, then, every individual is likewise commanded to study Torah as much as he is able. What is more, when one studies in order to teach others, his study is more thorough and profound. Similarly, the primary emphasis of the mitzva to tell the story of the Exodus is to pass the tradition on to the children, but it follows that the parents should also attempt to understand it more profoundly, so that they are worthy of Israel’s great destiny.

2.The Mitzva to Tell the Exodus Story on Pesaĥ Night
The Torah commands us to tell the story of the Exodus from Egypt on the very night we left Egypt for freedom. Actually, we are commanded to remember the Exodus every day of the year, as it states: "So that you remember the day you left Egypt every day of your life" (Devarim 16:3). Ben Zoma infers from an apparent superfluity in this verse ("kol yemei" instead of "yemei") that we must invoke the Exodus not only every day, but also even every night (Berakhot 12b). To fulfill the obligation to invoke the Exodus every day and night, we recite the third paragraph of Shema each morning and evening, as this paragraph states: "I am the Lord your God Who has taken you out of Egypt to be your God: I am the Lord your God" (Bamidbar 15:41).

Yet there are several differences between the daily mitzva and the mitzva on the night of the fifteenth of Nisan. Firstly, in order to fulfill the daily mitzva, it is sufficient to mention the Exodus, whereas the mitzva on Pesaĥ night is to narrate broadly the events of the Exodus from Egypt. In addition, the mitzva on Pesaĥ night is to relate the story while the matza and maror are set out in front of us. Another difference is that on Pesaĥ night we tell the story by way of questions and answers. Women are exempt from the daily mitzva to commemorate the Exodus, but are obligated to tell the story of the Exodus from Egypt on the night of the fifteenth of Nisan. 1

The Exodus from Egypt is the basis of Jewish faith, for it was the first time that God’s providence was revealed in the world to an entire nation with great signs and wonders. With the Exodus, it became clear that God had chosen Israel to be His nation and to reveal His word in the world. For this reason, every Shabbat and Yom Tov commemorates the Exodus from Egypt, especially in prayers and kiddush. By virtue of the unique mitzva to tell the story of the Exodus in depth on the Seder night, our faith becomes more firmly established, and added meaning is given to all the brief remembrances of the Exodus throughout the year.

3.The Mitzva to Begin the Seder with a Question
There is a mitzva to tell the story of the Exodus by way of question and answer, as it is stated: "When in the future your child asks you… say to your child, ‘We were slaves to Pharaoh in Egypt…’" (Devarim 6:20-22). It is likewise stated: "When your children ask you, ‘What is this service to you?’ say, ‘It is a Paschal sacrifice to God’" (Shemot 12:26-27). And: "When in the future your child asks: ‘What is this?’ Say to him, ‘With a mighty hand God took us out of Egypt’" (ibid. 13:14).
Questions open the heart and mind to accept answers. The message we need to convey on the Seder night is so important and fundamental that we are commanded to do it in the most effective way – by way of question and answer.

This is the main reason for the unique mitzvot of the Seder night: eating matza, the Paschal sacrifice, and maror. They cause the children to ask "Ma nishtana?" "Why is this night different?" and helps them understand that this is a special night whose essence must be understood. As a result, the Sages instituted several unusual practices in order to inspire children to wonder and enquire further. We begin by giving the children nuts and roasted grain, through which they realize that this is a special, festive night. The Sages instituted washing hands and eating karpas dipped in a liquid after kiddush, something we never do throughout the year. Furthermore, instead of starting the meal at this point, we pour the second cup of wine and remove the Seder plate and the matzot from the table, all to cause the children to realize that this is a very special night. They will thus truly be interested in its meaning, and they will sincerely ask: "Why is this night different?"

It can be said that this question, "Ma nishtana?" embodies a bigger and deeper question about the Jewish people: Why are we different from all other nations – in our faith, in our mitzvot, in our suffering, in our spiritual achievements, in our exile, and in our redemption? There is no complete answer to this question. Only by contemplating the Exodus from Egypt and the election of Israel can we understand that this is a divine matter; we are capable of understanding part of it, but we will never understand it all. This same question spurs us on, toward infinitely deeper and more sublime understanding. Perhaps this is why the Torah instructs us to tell the story of the Exodus and of Israel’s singularity using questions and answers: the ideological basis of Jewish peoplehood lies in a question that opens us to an endless profusion of ideas. If we do not impart the Torah and the story of the Exodus to the children, no new questions would be asked and we would be unable to continue rising higher.

4.The Text of "Ma Nishtana"
In order to give this seminal question a structured framework, the Sages formulated the "Ma nishtana" text, through which the children express their surprise at how different this night is, paving the way for the telling of the Exodus story. The text contains questions about all of the Seder night mitzvot related to eating: matza, maror, the Paschal sacrifice, and the two dippings. After the destruction of the Temple, we no longer ask about the Paschal sacrifice and instead ask about reclining at the Seder.

If there are no children present to ask "Ma nishtana?" the youngest participant asks. Even if all the participants are Torah scholars well versed in the story of the Exodus, one of them must ask "Ma nishtana?" Even an individual performing the Seder alone must begin with "Ma nishtana?" This is how the Seder is arranged; we begin with a question because it makes the explanation more complete. Once a child or someone else has asked "Ma nishtana?" the other participants need not repeat the question and may proceed immediately to "Avadim Hayinu" (SA and Rema 473:7). 2


5.The Torah Speaks of Four Children
On four occasions the Torah states that one must tell his child about the Exodus from Egypt, and each time it uses a different formulation. This teaches us that one must tailor his storytelling to the abilities and personality of each child.

In one place it states: "When in the future your child asks you, ‘What are these testimonies, laws, and principles that the Lord our God commanded you?’" (Devarim 6:20). The fact that he asks in a detailed manner – "What are these testimonies, laws, and principles" – implies that we are dealing with a wise child, and the verses that follow teach us that the answer we give must be detailed. We must clarify at length the whole matter of the Exodus from Egypt, the mitzvot of Pesaĥ, and the destiny of the Jewish people. Therefore, the answer for the wise child is the longest and most detailed (as shown in the next section).

Elsewhere it states: "When your children ask you, ‘What is this service to you?,’ say, ‘It is a Paschal sacrifice to God, Who passed over (‘pasaĥ’) the houses of the Israelites in Egypt, when He smote Egypt and spared our homes’ " (Shemot 12:26-27). Since the child calls the mitzvot "service" ("avoda"), which connotes "work," and since he excludes himself from the mitzvot, saying, "What is this service toyou?," it is clear that he does not feel like a participant in the mitzvot. Nevertheless, the Torah commands us to address him and explain to him Israel’s uniqueness, as expressed in the Paschal sacrifice.

It also states: "When in the future your child asks: ‘What is this?,’ say to him, ‘With a mighty hand God took us out of Egypt, out of the house of bondage. When Pharaoh refused to free us, God killed every firstborn in Egypt, human and beast alike’" (Shemot 13:14-15). The question "What is this?" indicates that the asker is simple and does not know how to sharpen his question. The Torah commands us to explain to him, according to his abilities, the impressive events that took place during the Exodus from Egypt, the mighty plagues that struck the Egyptians, and the hardening of Pharaoh’s heart, which was finally softened by the Plague of the Firstborn. These are things the simple child absorbs and finds most impressive.

Even if the child is not moved to ask at all, one must tell him about the Exodus, as it states: "Matzot are to be eaten… Tell your child on that day: ‘It is because of this that God did for me when I left Egypt’" (Shemot 13:7-8). Since he does not ask any questions, his interest must be aroused with tangible objects. We therefore say to him, "It is because of this" – by virtue of the matzot, maror, and Paschal sacrifice God performed miracles for us and took us out of Egypt. Thus, we put the Seder plate on the table so that each food on it can illustrate one of the ideas that find expression at the Seder. 3
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^ 1.. SA 472:14. The poskim disagree whether women are obligated in the mitzva of telling the story on a Torah level or a rabbinic level. Sefer Ha-ĥinukh §21 infers from the fact that women are obligated in matza and the Paschal offering on the Torah level that they are obligated by the Torah to tell the Exodus story, which is linked to the matza, maror, and Paschal offering, as well. Other poskim maintain that since the mitzva of telling the story is a time-bound positive mitzva, women are exempt according to the Torah, but the Sages obligated them in the mitzvot of the Seder night, since women also experienced the miracles of the Exodus. This is the view implied by Tosafot on Pesaĥim 108b.
^ 2.. According to several Rishonim, including Rokei’aĥ and Maharil, if a child asks any question about the Seder, the obligation to ask questions has been fulfilled, and there is no need to recite the "Ma nishtana" formula specifically. However, according to most Rishonim, including Tosafot and Rambam, even if a child autonomously asks a question relating to the Seder, the entire "Ma nishtana" formula must be recited. The halakha follows this opinion. See Birur Halakha on Pesaĥim 115b (p. 134) for a summary of opinions. This ruling notwithstanding, one should encourage his children to ask their own questions, to fulfill the verse "when your child asks…"
One authority writes that the mitzva de-Oraita to tell the Exodus story only applies when a child actually asks a question, but if the child does not inquire, the biblical mitzva is only to commemorate the Exodus from Egypt, though one is still rabbinically required to tell the story. This is the implication of Responsa Rosh 24:2, but the majority of poskim maintain that anyone who has a child is obligated by the Torah to tell him the story, as the Torah states regarding the son who does not know how to ask, "Tell your child on this day: ‘It is because of this that God did for me when I left Egypt’" (Shemot 13:8). So states SAH 473:42. (R. Yeruĥam Fishel Perla, in his commentary on R. Saadia Gaon’s Sefer Ha-mitzvot §32, states that according to Ramban and other Rishonim, one who does not have matza is exempt from the mitzva of telling the story of the Exodus, based on the phrase "because of this" ["ba-avur zeh" – the Hebrew uses the demonstrative pronoun "zeh" instead of the expected indefinite relative pronoun, indicating that it refers to an object that is present, i.e., the matza]. Additionally, see Sidur Pesaĥ Ke-hilkhato ch. 6 n. 2 which mentions a distinction between a child who asks his father a question, which obligates his father to tell the story in detail, and a child who does not ask, which only obligates the father to tell the story briefly. We can explain that if the son asks, the father must embellish his response based on the question, but if the child does not ask, the father need only tell the story briefly. Embellishment depends on the child’s desire to listen and obtain answers.) In any event, it is clear that at least on the rabbinic level one must recite the entire Hagada as formulated. Even if he is alone, he asks himself the questions (Pesaĥim 116a) and thus extends to himself the obligation to answer.
^ 3.. It is interesting to note that the answer given to the wicked child is taken from Shemot 12, in the context of the mitzva of the Pesaĥ sacrifice both in Egypt and for future generations. Sacrificing an animal and sprinkling its blood raise the biggest questions for him. Nevertheless, the answer to his question is not evasive. It addresses the uniqueness of the Jewish people, a topic whose roots are beyond human comprehension and whose branches appear throughout the course of history. The response to the child who does not know how to ask comes from Shemot 13:8 following the commandment to eat the Pesaĥ sacrifice. While partaking in actual eating of the matza, one can try to connect him to the memory of the Exodus until he develops greater understanding (the child who does not know how to ask is not stupid, merely uninterested). The response to the simple son is written in the context of the sanctity of firstborns. Because he is not very intelligent, his father must teach him fear of heaven and respect for sanctity. This is accomplished by contemplating God’s power and the Plague of the Firstborn. As a result, this child will accept the mitzvot, whose goal is to sanctify us and distinguish us from all other nations. The question of the wise son is not mentioned specifically in the context of Pesaĥ; rather, it is mentioned in Devarim 6 regarding the foundations of belief and the destiny of the Jewish people. Since everything stems from the Exodus, the Sages understood that the wise child’s question is related to the mitzvot of Pesaĥ. Through that we explain to the wise son all the basic principles of faith.

Rav Kook's Ein Ayah: Unadulterated Heavenly Inspiration

(condensed from Ein Ayah, Shabbat 9:16)

Gemara: Moshe went up [to Sinai to receive the Torah] in the beginning of the morning, and he came down from the mountain [with the Torah] early in the morning. The fact that he went up early is learned from that which it says: “Moshe woke up early in the morning and he ascended to Mt. Sinai” (Shemot 34:4). The fact that he came down early is learned from the pasuk, “Go, come down, and you shall go up, you and Aharon with you” (ibid. 19:24). The descent is connected to the ascent – just as the ascent was early in the morning, so too the descent was early in the morning. 

Ein Ayah: Moshe Rabbeinu’s prophecy was the high divine influence that comes through the “light-giving mirror.” It was the source of the Torah and its power. It was the source and the beginning of existence of all the worlds, and it proceeds until it comes to the life of man, both his spiritual and his practical side. It relates to both the individual and the broad group.

This divine influence is not impacted by life and environs, but rather it sets out the path to the character of the environs of the nation and the world. There is no need and thus it is a shortcoming to wait until part of the day has already passed and life starts activity before preparing oneself to accept the divine, glowing light in its clearest form. Specifically because it is free of any influence of the limited world of life, it has the power to give its superior power to give life, to perpetuate existence, and renew creation. It even makes the world of activity gentler and elevates the general creation to the highest levels, to spirituality, which conquers all with the grandeur and power of sanctity.

The same is true not only for receiving the Torah but also for its being brought down from where it was received, by the holy spirit of Moshe, to the nation. The nature of its original state remains intact and has no need for the influence of the environs and of life.

Indeed, early in the morning did he go up. This was while the content of life, especially those that usually stick out, remained covered with a curtain, disappearing from broader society. They sleep in the bosom of power, and the energy of the actions is not yet revealed. There is no assistance from any experience of life; there is no preparedness based on the inclinations of the community. Rather there is the light of “the lofty G-d, Who possesses heavens and earth” (see Bereishit 14:22). This is the divine desire, which is at the essence of the existence of everything, and it makes life stand and pushes existence to its maximum height in the world of action and of spirit, from the first of the levels to the last of the levels. Only this holy light “flows forth” early in the day. Only this lofty prophecy which was transmitted to Moshe, who was able to speak to Hashem “mouth to mouth” (see Bamidbar 12:8), was presented to the one who was trusted in Hashem’s home (see ibid. 7) to establish a testament in the Nation of Jacob (see Tehillim 78:5) forever by having the whole world stand by the spirit of Hashem Who created all.

The same is true of the descent. The presentation to the nation was like its acceptance by Moshe. This Torah of truth and completeness was given directly frpoomthe Heaven and it remains above life. It renews life and all the expressions of existence in a higher level and a light of life, from the storehouse of divine life, from the G-d of creation and Master of all souls. There is no change or reduction due to the desire to let the community have an impact on it or limit it to fit the limited world around it. Indeed, the ascent to the mountain and descent from it are intertwined. The heavenly element stays the same. He came to the land with His great power. “Moshe went to the Heavens and grabbed a captive; he took presents that are valuable to man (based on Tehillim 68:19).

“This is the law of the metzora on the day he is to be declared ritually clean.”

by Rabbi Pinchas Winston
God told Moshe, “This is the law of the metzora on the day he is to be declared ritually clean.” (Vayikra 14:1-2)

HE HAD KNOWN it even before the kohen returned. “I can’t believe it,” Michah said to himself, “but it actually spread. I can’t believe I really have tzara’as! I can’t believe it!”

The yetzer hara is a remarkable thing, the greatest con artist there is, going right back to the Garden of Eden. How obvious can it get? God Himself said not to eat from the Tree of Knowledge of Good and Evil. He even warned of death as a consequence for doing so. And yet Chava instead listened to HIS loshon hara, and ate ANYHOW.

One could say that Chava fell prey to the machinations of the snake because SHE hadn’t heard the directive from God Himself, but rather from her husband, Adam. But what about Adam, who DID hear it directly from God? What had HE been thinking?

There has been a lot of discussion about what went wrong, and how. But one thing is certain. Even though a person can be clear about truth, and even of the consequences of ignoring it, he can still be convinced by the yetzer hara to do the wrong thing. History makes THAT perfectly clear.

So do the laws of tzara’as. The first man and woman had skins of light. When they sinned by listening to the loshon hara of the snake, the skin of light was transformed to the physical skin we now have. It was Michah’s own loshon hara that transformed his skin as well, giving him a blotch that cut him off from society.

“The very WORST part,” Michah later told his friend Osniel, “was being pronounced unclean by the kohen, and then having my clothes torn. I also had to shave my head…”

“Aaaaah, that’ll probably be the fashion one day…” Osniel said, trying to cheer up his friend.

“A shaved head? Great…but not right now. Now it means that a person has confirmed tzara’as! And I had to cover myself all the way to my mustache, like a mourner, and call out, ‘Unclean! Unclean!’ just so everyone would know to stay away from me. How humiliating!”

“I think that’s the idea,” his friend said softly.

“Yeah, well, I’m just glad that it’s all over. The purification process was no picnic either!”

“What did you have to do?”

“You don’t learn Chumash?” Michah asked, sarcastically. “It’s all in there…”

“I know, but there’s nothing like hearing the story from someone who actually had to do it!”

“Funny,” Michah said, clearly unamused. “And you’re my best friend?”

“Who DID try to warn you!” Osniel defended himself.

Michah took a second to digest that, and then launched into the details of his purification process.

“The kohen told me to bring two live kosher birds, cedarwood, red string, and hyssop. He told me that all these were included specifically in order to deliver a message to the metzora. Although many sins may cause this form of punishment, the most predominant, as I know only TOO well, is speaking derogatorily…like birds who chatter endlessly. He also told me that someone who speaks ill of others is haughty, and holds himself higher than them, like a tall cedar. Therefore, to be healed, a metzora must humble himself like, get this, a worm—which is a play on words, because ‘tola’as’ means both ‘red’ and ‘worm’— and to be as lowly as hyssop.”

Osniel was fascinated, but he also felt badly for his friend for having to go through all that. He promised himself to NEVER speak or listen to loshon hara again!

Michah continued.

“Spring water is placed in an earthenware vessel, over which one of the birds is slaughtered and into which the blood is allowed to run. The kohen then dips the remaining bird and other items into the bloodied water and…”

“Oooh, blood…” Osniel said for dramatic effect.

“Yeah, well, it was DEFINITELY not up there on my to-do list…”

“Nor mine.”

“Anyhow, the kohen sprinkled the back of my hand seven times. Then I had to wash my clothes to remove impurity and shave all my hair…”

“That explains the new hairstyle!”

“Ha-ha,” Michah remarked sarcastically. “Then I had to wait seven more days to begin the final steps of my purification…”

“ANOTHER seven days?” Osniel asked.

“Let’s just say that seven is NOT my lucky number.”

Osniel chuckled.

“On the seventh day, I had to wash my clothes again to remove impurity, and again shave all my hair.”

“How much hair could you possibly have grown after seven days?”

“Enough to shave again!” Michah snapped back.

“Finally, on the eighth day I had to bring three sacrifices to the Bais HaMikdosh, a female lamb as a sin offering, and two male lambs for a guilt offering and a burnt offering. Blood from the guilt offering was placed on my right ear, right thumb. and right big toe.”

“Why all that?” Osniel asked, curious.

“A metzora,” Michah explained, “is not allowed onto Temple grounds before the purification process. The blood of the offering, however, is not allowed off the Temple grounds.”

“A real dilemma!” Osniel agreed.

“To solve all the problems,” Michah continued, “I had to stick these body parts through the gateway one at a time to receive the blood. The same thing was done with the oil from the flour offerings as well.”

“Wow!” his friend finally responded. “I can’t believe you had to go through so much…just because of some loshon hara!”

“You’re telling me!” a tired Michah said. “It’s enough to have your mouth sewn up for good, just to avoid the possibility!”

“I see what you mean,” Osniel agreed.


* * *

It was two thousand years later. The First Temple had been destroyed in the year 423 BCE, and the second one 493 years later in 70 CE. Since then, Jews had been exiled from Eretz Yisroel to different lands and, because of World War II, to the four corners of the earth, literally.

“That’s loshon hara!” 13-year-old Dovid said in an angry tone. It put his friend Herschel, also 13 years old, on the defensive.

“No it isn’t!” Herschel answered back, now angry as well.

“Sure it is!” Dovid said. “If we were living in the time of the Bais HaMikdosh, you’d have tzara’as by now!”

“Huh!” Herschel said, unafraid. “Probably not!”

“Well, you can say whatever you want…just not to me!” a concerned Dovid said.

“What are you even afraid of, anyhow?” Herschel asked him. “It’s not as if you can get tzara’as today…”

Dovid gave his friend a quizzical look. “And that makes it less of a sin?” he asked.

“No, of course not!” Herschel answered. “I meant that you can do teshuvah without having to go through all the embarrassment and stuff a metzora used to go through…”

“Or not!” Dovid said. “People think that since they can’t get tzara’as, they can get away with speaking loshon hara!”

Herschel thought about what his friend was saying, and couldn’t help but agree.

“It’s the same with all sins these days,” Dovid continued. “There are no lashes or any other kind of punishment by the Bais Din. That’s why people don’t care as much when they go against Torah.”

“I suppose you’re right,” Herschel said, in a more contrite tone.

“My father told me though,” Dovid added, “that God is keeping track of ALL our sins, either to make us pay for them later in Gehinnom, or through something else that might happen in our life…”

Herschel was about to add his two cents’ worth when he inadvertently bit his tongue. “OW!” he yelped, as he instinctively grabbed his mouth. “You mean like THAT?” he asked, clearly nursing his wounded tongue.

Dovid just smiled, sympathetically of course. “Perhaps.”